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R (on the application of Smith) v Parole Board [2005] 1 WLR 350

By Oxbridge Law TeamUpdated 04/01/2024 07:00

Judgement for the case R (on the application of Smith) v Parole Board

Table Of Contents

  • Plaintiffs had been released from prison subject to a licence which was revoked when they breached the terms of the licence and the parole boards required them to return to prison and did not recommend that they be allowed to remain out of prison.

  • There were no oral hearings.

  • HL held that in resolving challenges to licence revocations the Parole Board had a public law duty to act in a procedurally fair manner.

  • Although a public law hearing would not be required in every case, it was likely to be called for where facts were in issue that could affect the outcome or where it might otherwise contribute to achieving a just decision, as here. Lord Bingham sums this up in his judgment.Β 

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